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What Are School Rights for Children With ADD?

Two federal laws guarantee free appropriate public education (FAPE) to all eligible students with disabilities: Section 504 of the Rehabilitation Act of 1973 (called Section 504) and the Individuals with Disabilities Educations Act (called IDEA). Parental guardians should familiarize themselves with these laws to safeguard students with Attention Deficit/Hyperactivity Disorder (ADHD) and their rights.
  1. Choosing a Strategy

    • Section 504 is best for a student capable of learning with simple accommodations or minor change to her day. IDEA may benefit students needing a wider range of services.

    Provisions of Section 504

    • To qualify, a child's disability must be "substantially limiting," and the school will afford qualifying students appropriate accommodations to ensure equal opportunities to participate as non-disabled children. Slight modifications will be made in the school day.

    Provisions of IDEA

    • Qualifying students (those whose AD/HD seriously affects their learning) may receive an individualized educational plan (IEP). An IEP is a written statement citing the student's individual learning challenges and the steps to be taken by the school to grant a FAPE. This IEP will be reviewed every three years or until deemed unnecessary by both the parent/guardian and the school.

    Removal from School

    • A student with AD/HD may be removed from school for 10 school days or less in a school year (as may nondisabled students). If a behavioral issue is a manifestation of his disability, the school's Admission, Review, and Dismissal (ARD) committee must conduct a Functional Behavioral Assessment (FBA) and implement a Behavioral Intervention Plan (BIP). In special circumstances, an Interim Alternative Educational Setting (IAES) may be necessary.

    Parental Rights

    • Parental consent, in writing, must be obtained before any and all psychological testing or evaluations. Parents are allowed and encouraged to actively participate in all planning for their student's special needs.

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